Board of Mgrs. of the Towers on the Park Condominium v. Cruz

2020 NY Slip Op 06204, 187 A.D.3d 666, 131 N.Y.S.3d 557

Opinion

Board of Mgrs. of the Towers on the Park Condominium v Cruz (2020 NY Slip Op 06204)

Board of Mgrs. of the Towers on the Park Condominium v Cruz

2020 NY Slip Op 06204

Decided on October 29, 2020

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: October 29, 2020
Before: Renwick, J.P., Gesmer, Kern, Singh, JJ.

Index No. 157132/17 Appeal No. 12224 Case No. 2019-4666

[*1]Board of Managers of the Towers on the Park Condominium, Plaintiff-Respondent,

v

Josefina Cruz, Defendant-Appellant.

Josefina Crus, appellant pro se.

Wagner, Berkow & Brandt, LLP, New York (Bonnie Reid Berkow of counsel), for respondent.

Appeal from order, Supreme Court, New York County (James E. d'Auguste, J.), entered May 13, 2019, which confirmed a Referee's report granting a foreclosure and sale under Real Property Law § 339-z and 339-aa, and awarding a money judgment in favor of plaintiff in the amount of $91,777.23 with interest at 9% per annum since October 1, 2018, unanimously dismissed, without costs, as academic.

According to plaintiff's appendix, defendant has satisfied the judgment, thereby rendering this appeal academic (see Wisholek v Douglas, 97 NY2d 740, 742 [2002]; Emerald Cr. Capital, LLC v Trencher, 174 AD3d 405 [1st Dept 2019]).THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: October 29, 2020